1 2025:CGHC:54235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7829 of 2025 Nirakar Patel S/o Shri Punitlal Patel Aged About 38 Years R/o Village Ghathora, Chouki-Kanakbira, Thana- City Kotwali, Sarangarh Distt- Sarangarh-Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer- Thana- Sarangarh Tah- Sarangarh District- Sarangarh- Bilaigarh C.G ...Non-applicant For Applicant : Mr. Anurag Dayal Shrivastava, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 06.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 151/2025 registered at Police Station – Chouki-Kanakbira Thana – City Kotwali, District - Sarangarh (C.G.), for the offences punishable under Sections 316(5), 318(4), 3(5), & 238 of BNS 2023. 2. The prosecution case in brief is that the physical inspection was carried at Paddy Procurement Center, Bohrababal by the stated VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 11:49:22 +0530 2 inspection team as was constituted by the Collector and alleged shortage of paddy to the tune of 5071.60 quintal amounting of Rs 1, 57, 21, 960/ has been found. It has been further alleged that the entries of purchasing of 4633.60 quintal paddy were shown to purchased from 85 farmers whereas those entries and purchasing are also false. It is also stated in the report that on physical inspection out of 2500 paddy bags 1200 bags were found damaged. On such allegation FIR has been lodged by Sanjay Kumar Sahu, Manager, Apex Bank, Sarangarh. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that applicant no connection whatsoever with the alleged offences. The applicant was serving as an Assistant Manager, and no such incident as alleged has ever occurred, nor has he committed any such act. The finding regarding alleged misappropriation of paddy, as recorded by the Committee, is wholly erroneous, as no proper physical verification was conducted despite the applicant’s request for the same, which was denied by the Collector. In fact, the entire quantity of paddy purchased was duly delivered to the Miller/Markfed centers, and therefore, no shortage or misappropriation has taken place, which is further clarified in the subsequent inspection report. It is further submitted that the applicant’s earlier application for anticipatory bail was rejected by this Hon’ble Court vide order dated 22.05.2025 in MCRCA No. 767 of 2025, whereas the co- accused, namely Tikaram Patel, has already been enlarged on bail vide order dated 06.08.2025 in MCRC No. 4539 of 2025. The applicant is a permanent resident of Village Ghathora, Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.), and there is no likelihood of his absconding. He is ready and willing to furnish adequate surety and undertake to abide by all 3 such conditions as may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, and taking into account that the applicant has no criminal antecedents, co- accused, namely Tikaram Patel, has already been enlarged on bail by this Court vide order dated 06.08.2025 in MCRC No. 4539 of 2025, and further that the applicant has been in judicial custody since 01.09.2025 and the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Nirakar Patel, involved in Crime No. 151/2025 registered at Police Station – Chouki-Kanakbira Thana – City Kotwali, District - Sarangarh (C.G.), for the offences punishable under Sections 316(5), 318(4), 3(5), & 238 of BNS 2023, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav